Memo

TITLE OF BILL: An act relating to a waiver of earnings limitation for certain retirees of the New York state and local police and fire retirement system who are employed by the state university

PURPOSE OR GENERAL IDEA OF BILL: Permits retired police officers to re-enter public service for the state university of New York or a community college under the program of the State University of New York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this legislation removes the earning limits on members of the NYS policemen's and firemen's retirement system who retire and are employed by the state university of New York or a state university community college.

The amendment changes the wording in Section 1(c) and (d)to read: such person is hired only as a member of the faculty by the state university of New York or as a member of the faculty or as director of public safety by a community college; and (d) such retired person is granted a waiver of retirement earnings limitation by the chancellor of the state university of new York or the president of a community college under a program of the state university, as the case may be.

JUSTIFICATION: Unlike New York's public employee retirees, private sector and non New York public retirees are not restricted in the amount of earnings they can receive if they choose to return to New York public employment after retirement. New York public service retirees must be granted a waiver pursuant to Section 211 of the Retirement and Social Security Law in order to earn over $30,000 per year or be subject to a reduction in their retirement benefits. Currently, there are numerous New York retirees who are valuable law enforcement personnel who are essential members of the faculty and instructors in the areas of criminal justice and law enforcement, and contribute to the public safety on SUNY's college campuses.

Enactment of this legislation will dramatically broaden the pool of eligible candidates for community colleges in the teaching faculty and director of public safety at a community college. This will contribute greatly to education and security of the campuses of the State University of New York.

Text

STATE OF NEW YORK
________________________________________________________________________
469--B
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT relating to a waiver of earnings limitation for certain retirees
of the New York state and local police and fire retirement system who
are employed by the state university
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provision of general or special
law, local law and/or charter, the earnings limitations contained in any
such general or special law, local law and/or charter and applicable to
the employment of persons in a position or positions in public service
in any calendar year while retired and receiving a retirement allowance
shall not apply to persons employed by the state university of New York
or by a community college under a program of the state university serv-
ing in certain capacities during the whole of any calendar year begin-
ning with the calendar year in which this act shall have become a law
who meets all of the following requirements; such person may continue as
retired and without loss, suspension or diminution of his or her retire-
ment allowance, provided: (a) such person retired while a member of the
New York state and local police and fire retirement system; (b) such
person is entitled to receive a retirement allowance from such retire-
ment system immediately prior to the commencement date of such employ-
ment by the state university or community college under a program of the
state university, as the case may be; (c) such person is hired only as a
member of the faculty by the state university of New York or as a member
of the faculty or as director of public safety by a community college;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00352-04-3

S. 469--B 2

and (d) such retired person is granted a waiver of retirement earnings
limitation by the chancellor of the state university of New York or the
president of a community college under a program of the state universi-
ty, as the case may be.
S 2. This act shall take effect January 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.